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Last Will and Testament

Francis Barton Collins

 

Last Will and Testament

Francis B. Collins

 

Georgia Wilcox County

I, Francis B. Collins of the said State and County being of sound and disposing mind and memory and having before me he uncertainly to life and the certainly of death, do make this my last will and testament.

 

Item First

I have the utmost confidence in my beloved wife, Maude V. Collins and we have agreed between us that all the property belong to either of us shall go to our children in accordance with this my will both the property owned by me and that to which she has title her property to descend at her death and to the end aforesaid she will make her own will in conformity to me desires as expressed in this instrument and I hereby bequeath all of my property of every character to my wife and children to be divided equally between them as herein set forth but should my wife die before the final division herein provided then her share in my estate shall be equally divided among my other legatees.

 

Item Second

The greater part of the property to be left at my death consists of certain life insurances policies on my life which are payable as I recollect to my wife and children. The amount of Such policies I wish to be collected by my wife as my executrix and be a part of my estate and I authorize the payment of Such policies by Such insurance companies to be made to my wife Maude V. Collins. To this end I change the directions of the said policies as to the beneficiaries.

 

Item Third

It is my will and desire that my estate be kept together until my youngest child becomes of age, and no child or legatee shall receive his or her share of the estate until Said youngest child becomes of age unless my executor shall decide in her discretion that is it advisable, and best for all the legatees, that one or more be paid their share or part thereof before such time; and in such event the executor shall pay to any legatee such part of his or her share under this will as she may deem advisable.

 

Item Fourth

It is my will and desire that my executor, when my youngest child becomes of full age, shall divide my estate equally between my wife and children share and share alike, the division shall be made by my executor either in kind, or by sale and distribution, and if the division be in kind or partly so my executor shall make the valuation and apportionment which shall be final and conclusive.

 

Item Fifth

It is my will and desire that the income of my estate be used by my executor for the support and maintenance of my wife and children and the education of my children until my estate is finally divided among the legatees, provided they shall live together in the home circle, But should any child marry or live away from the home circle, kept up or designated by my executor, such child shall no longer participate in the support and maintenance herein provided for free of charge if necessary my executor for the purpose herein set forth may encroach upon the corfers of my estate.

 

Item Sixth

It is my will and desire that my children be educated out of my estate and my executor is especially empowered to educate them, using for this purpose the income from my estates but if the income is not sufficient then the body of the estate shall be encroached upon as far as may be necessary, even if the whole of it be required for this purpose, I desire each of my children to receive a good general education, the extent of which shall be left to the discretion of my executor, and if any of my children show any special talent, or desire, for any special calling in life, such child shall be given in addition to a general education, which other special education as may fit such child or children for such a calling or callings. I desire that Ruth and Francis Eloise be given a good musical training the education of my children is to be a burden upon my estate, and Shall not be charged (illegible word) & the recipient thereof except special technical training, and upon which special enhanced education shall not be charged unless my executor in her discretion decides that such special charge ought-Any instance of the other legatees to be made, but whether or not such charges is to be made in whole or in part, shall be left to the discretion and good sense of my executor and her discretion upon the question shall be final and conclusive.

 

Item Seventh

I appoint my wife Maude V. Collins executrix of this will and I further appoint her guardian both as to person and as to property, of our children, Ruth, Rodger, Lawrence Barton, and Francis Eloise provided such appointment shall be terminated upon the marriage of my wife in other words her marriage at any time shall at once revoke both the Letters testamentary and the letters of guardianship she shall not be required to give any bond either as guardian or as executrix, but she shall make an inventory of my estate as executrix and shall make returns annually to the Ordinary of her actings and doings as executrix; other than as herein provided she shall not make inventories or returns . She shall have full authority to make such sales of any of my property as she may deem advisable for any purpose, such sales may be either public or private, where for cash or for credit in her discretion; and she shall be required to procure any order of Court authorizing or approving such sales; and any deed or contract made by her concerning my estate whether in her own name or as executrix, or as guardian shall be binding on my estate. She shall have full power and authority without the sanction of the ordinary or of any other court to make such investments of the money belonging to my estate as she may deem best and at any time she may sell such investments and reinvest the money the money in her own discretion. She shall have full power and authority without the sanction of any court to compensate and settle any claim of any character, either for or against my estate, To sum up, it is my will and desire that my beloved wife make use of all the property of my estate as freely and as fully as I could do for the purpose herein expressed without (illegible word) hindrance from any source and without the direction or supervision of any court whatever, having the fullest confidence that she will in all things act for the best interests of my said estate and that she will carry out completely my wishes expressed in the will provided she shall make an inventory of my and make yearly returns as herein provided. I have the utmost confidence in the business sagacity, prudence and integrity of my Friend A.I Webb and Hal Lawson; and it is my wish and desire that in all matters of importance my executrix consult and advise with said A. I Webb and Hal Lawson (one or both) and that she be guided by their judgment and advice. I do not require that she be so guided but I trust that she will act upon their advice and good judgment. She shall pay them reasonable compensation for whatever services they may render her.

 

Item Eighth

If my executrix herein named should die or marry before the final division of my estate under this will or if for any cause there should be a vacancy in the office of executor of this will and guardian of my children giving them the same power and authority as is herein given my executrix whom they are & succeed provided they sole give bonds as executor of my estate and make an inventory of the estate that comes into their hands and make yearly reports of the acts to the ordinary. The amount of their compensation shall be the usual compensation fixed by law for administrators and where there is no special provision made for compensation the ordinary shall fix the same, I desire to give them full and unlimited powers as guardians and as executors provided however that they give bond and make inventory and returns as herein provided they having suggested such restrictions.

The foregoing pages number from 1 to 4 inclusive each page of which I have identified by my signature on the margin, thereof contain my last will land testament.

Francis B. Collins

 

Signed declared and published by Francis B. Collins as his last will and testament in the presents of us the subscribers who subscribe our names hereto in the presence of said testator (at his instance and request) and of each other he signing in our presence and we signing in his presence.

This 3rd day of March, 1903

W.A. Little

(Mrs.) T.R. Moye

T.R. Moye

 

Georgia Wilcox County

I Maude V. Collins do Solemnly Swear that this writing contains the last will and testament of the within named Francis Barton Collins deceased as far as I know or believe and that I will well and truly execute the same in accordance with the Laws of this state So help me God.

Maude V. Collins

Sworn to and Subscribed before me

This 6th day of July 1903

J.M. Warren Ordinary

 

Georgia Wilcox County

To the Honorable Ordinary of Said County

The petition of Maude V. Collins respectfully shows

1. On the 7th day of May 1903 Francis Barton Collins, late of Said County departed this life after having made and published a last will and testament of which he nominated your petitioner executrix.

2. Petitioner shows that the heirs at law of said deceased are five in number to which your petitioner Maude V. Collins widow of said deceased and Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Francis Eloise Collins children of said deceased all of whom are minors.

3. Petitioner produces said will in court and pray that it may be proven in Solemn form. To that end she prays that the heirs at law of said deceased are Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Francis Eloise Collins, all of said County be cited to appear at the next term of the Court of Ordinary of said County, to be held on the first Monday in July next and who cause if any exist why said will should not be proven in solemn form and admitted to record as the last wil land testament of said deceased and that letters testamentary and of guardianship show to petitioner in terms of the law.

Maude V. Collins

Petitioner

 

Upon reading and considering the foregoing petition, it is ordered that Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Francis Eloise Collins appear before the court of Ordinary to be held for Said County on the first Monday in July 1903. Then and there to show cause if any exist why the paper offered for probate by petitioner Maude V. Collins as the last will and testament of Francis Barton Collins, deceased Should not be proven in solemn form and admitted to record as the last will and testament of said Francis Barton Collins deceased, and it is further ordered that said Ruth Collins, Rodgers Collins, Lawrence Barton Collins, and Frances Eloise Collins be, each, served personally with a copy of the within petition and this order at least ten days before the next term of this court.

This 1st day of June 1903

J.M. Warren Ordinary

 

Georgia Wilcox County

I have this day served Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Frances Eloise Collin Minors, each personally with a true copy of the foregoing and order, this 9th day of June 1903.

L. H. Glenn Sheriff W.C.

 

Court of Ordinary, Wilcox County Georgia. June Term 1903

It appearing to the Court that Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Frances Eloise Collins are minors and that their interests are involved in the foregoing petition for probate of the will of Francis Barton Collins deceased; it is therefore ordered and adjudged that J.D. Lawson Sr. and he is hereby appointed guardian ad litem for the said minors, to look after the right of said minors in the said petition for probate this 1st day of June 1903.

J.M. Warren

Ordinary

 

I accept the appointment of guardian ad litem for Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Frances Eloise Collins n the above matter as set forth in the foregoing order of appointment and I waive any other or further copies, notices and services, this 1st day of June 1903.

J.D. Lawson

 

Court of Ordinary of Wilcox County Georgia July term 1903

Upon the hearing of the petition of Maude V. Collins for the probate in Solemn form of the paper propounded by her as the last will and testament of Francis Barton Collins, late of said County, deceased, and for its admission to record as such, and it appearing that Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Frances Eloise Collins The heirs at law (with Maude V. Collins) of said deceased have had legal notice of said application and the time of hearing, and have failed to show any legal and sufficient cause why said paper should not be prevent and admitted to record as last will and testament of Said deceased. It is therefore ordered and adjudged by this Court, the proper proof of said will having been made by all the witnesses to the said will that the same be (illegible word) as the last will and testament of said deceased and be admitted to record and recorded. And it is further ordered that letters testamentary issue. Said Maude V. Collins the executrix named in said will after her taking the oath required by law and that letter of testamentary guardianship do also issue to said Maude V. Collins upon her taking the oath required by law this 6th day of July 1903.

J.M. Warren

Ordinary

 

 

Source: Will Book 1858-1957

Film No. 271348

transcribed by Janet Moore
to provide free research
to Wilcox County families.
 
 

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